DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 02/13/2026 have been fully considered but they are not persuasive.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, applicant argues on page 8 of the remarks filed 02/13/2026 that “Ting emits a light source and fails to teach or suggest anything about the use of high-frequency signals, as presently claimed. Thus, Ting also fails to teach or suggest emitting and receiving high-frequency signals through a nail plate and a nail bed.” In response, it is well known in the art that, like microwave, light waves are high-frequency signals (see Wikipedia and/or Copilot Search). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the transmitter as disclosed by Bosua with the transmitter as taught by Ting to calculate the amount of absorbance of light due to the presence of glucose relative to the fingernail (Ting, page 13, lines 27-31).
In response to applicant's argument that “Bosua does not even teach or suggest high-frequency signals with a frequency of more than 0.1 THz and less than 10 THz, as explicitly claimed”, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
Notwithstanding, the examiner notes that Bosua teaches a frequency range that touches 100 GHz which is equivalent to 0.1 THz; thus, according to MPEP 2131.03, this shows anticipation.
In response to applicant's argument that “one skilled in the art would have had no expectation of success or any motivation to use the frequency range of Thiel et al. with the device of Bosua that explicitly provides a frequency range that is outside of what is shown in Thiel et al”, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Thiel was added to merely show how people gradually recognize the important scientific value of terahertz wave technology. For example, notwithstanding applicant’s silence on the discussion of Hwang applied in the previous office action, Hwang discloses a terahertz light source unit 210 that generates a terahertz wave in a range between 0.3 and 10 THz to a subject’s finger (see paragraphs [0035] and [0036]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the light source as disclosed by the combination of Bosua, Thiel, and Ting with the terahertz light source as taught by Hwang to measure blood component concentration (Hwang, paragraphs [0035] and [0036]) such as glucose (Hwang, paragraph [0042]).
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Accordingly, for the above reasons, the rejection is maintained.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 2, 3, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Bosua (Pub. No.: US 2024/0108238) in view of Thiel et al. (Pub. No.: US 2018/0347963), Ting (Pub. No.: WO 03001177 A2) and further in view of Hwang et al. (Pub. No.: US 2007/0073115).
Consider claim 1, Bosua discloses a measuring device (paragraph [0031], Fig. 1, analyte sensor 10) for the non-invasive determination of a blood sugar concentration in the body of a mammal (paragraph [0027], analyte sensor (paragraph [0025], non-invasive) can detect an amount or a concentration of the at least one analyte (paragraph [0028], analyte including glucose) in a human or animal), comprising
a housing (paragraph [0035], Fig. 1, housing 28),
a measuring electronics in the housing (paragraph [0035], Fig. 1, controller 30 disposed in the housing 28 including a transmit circuit and receive circuit), wherein the measuring electronics further comprises:
at least one transmitter (paragraph [0035], Fig. 1, transmit antenna 16) for emitting high-frequency signals with a frequency of 10kHz to 100 GHz, where 100 GHz = 0.1 THz (paragraph [0031]),
at least one receiver (paragraph [0035], Fig. 1, receive antenna 18) for receiving high frequency signals with a frequency of 10kHz to 100 GHz, where 100 GHz = 0.1 THz (paragraph [0032]),
wherein the at least one transmitter is configured such that, during operation, it emits the high-frequency signal via at least one antenna integrated in the measuring device (paragraph [0031], Fig. 1, transmit antenna 16 is configured to transmit a transmit signal 20 that is the radio frequency (RF) or microwave range of the electromagnetic spectrum),
wherein the at least one receiver is configured such that, during operation, it receives a high-frequency signal via the at least one antenna integrated in the measuring device (paragraph [0032], Fig. 1, receive antenna 18 is configured to detect one or more electromagnetic response signals 22 that result from the transmission of the transmit signal 20 by the transmit antenna 16),
wherein the measuring device is configured to be attached relative to a body of the mammal (paragraph [0031], Fig. 1, analyte sensor 10 is depicted relative to a human body),
Bosua does not specifically disclose at least one transmitter for emitting high-frequency signals with a frequency of more than 0.1 THz and less than 10 THz,
at least one receiver for receiving high frequency signals with a frequency of more than 0.1 THz and less than 10 THz.
Thiel discloses at least one transmitter (paragraph [0036], Fig.1, terahertz transmission and reception units 4 comprising a terahertz transmitter) for emitting high-frequency signals with a frequency of more than 0.1 THz and less than 10 THz (paragraph [0036], Fig.1, transmitting terahertz radiation 7a in the frequency range between 0.1 THz and 10 THz),
at least one receiver (paragraph [0036], Fig.1, terahertz transmission and reception units 4 comprising a receiver device 6) for receiving high frequency signals with a frequency of more than 0.1 THz and less than 10 THz (paragraph [0036], Fig.1, receiver device 6 for receiving backwards reflected terahertz radiation 7b in the frequency range between 0.1 THz and 10 THz).
Therefore, in order to necessitate the applicable frequency range, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Thiel in providing at least one transmitter for emitting high-frequency signals with a frequency of more than 0.1 THz and less than 10 THz, at least one receiver for receiving high frequency signals with a frequency of more than 0.1 THz and less than 10 THz, see teaching found in Thiel, paragraph [0036].
The combination of Bosua and Thiel does not specifically disclose wherein the measuring device is configured to be attached relative to a nail plate on a nail of a finger or toe of the mammal,
wherein the high-frequency signals from at least one transmitter are coupled through the nail plate into the nail bed of the mammal during operation, and wherein the high-frequency signals backscattered from the nail bed of the mammal through the nail plate during operation are received by the receiver.
Ting discloses wherein the measuring device (page 12, line 30 to page 13, line 6, Fig. 5, finger-glove (or clip) including the oximeter 20) is configured to be attached relative to a nail plate on a nail of a finger or toe of the mammal (page 12, line 30 to page 13, line 6, Fig. 5, light beam (B1) at 45° to the fingernail surface),
wherein the high-frequency signals from at least one transmitter are coupled through the nail plate into the nail bed of the mammal during operation (page 13, lines 8 to 15, Fig. 5, beam (B1) strikes the nail surface 24 and some of the beam strike the nail bed), and wherein the high-frequency signals backscattered from the nail bed of the mammal through the nail plate during operation are received by the receiver (page 13, lines 8 to 15, Fig. 5, beam B1 reflected as B3 and travel up the receptor arm 48).
Therefore, in order for the amount of absorbance of light due to the presence of glucose relative to the fingernail to be calculated, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Ting wherein the measuring device is configured to be attached relative to a nail plate on a nail of a finger or toe of the mammal, wherein the high-frequency signals from at least one transmitter are coupled through the nail plate into the nail bed of the mammal during operation, and wherein the high-frequency signals backscattered from the nail bed of the mammal through the nail plate during operation are received by the receiver, see teaching found in Ting, page 13, lines 27 to 31.
The combination of Bosua, Thiel, and Ting does not specifically disclose wherein the measuring device further comprises an evaluation device which is configured to evaluate the backscattered high-frequency signals received by at least one receiver in order to determine the blood sugar concentration in the body of a mammal.
Hwang discloses wherein the measuring device further comprises an evaluation device which is configured to evaluate the backscattered high-frequency signals received by at least one receiver in order to determine the blood sugar concentration in the body of a mammal (paragraphs [0042], [0049], [0054], Figs. 2 and 4, step S440, concentration analyzer 240 may analyze blood component concentration such as glucose by using the detected light intensity).
Therefore, in order for a user to more easily measure the blood component concentration (e.g., at the finger generating a terahertz wave in a range between 0.3 and 10 THz) as necessary while carrying the blood component concentration measuring apparatus installed in a small sized portable device, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Hwang wherein the measuring device further comprises an evaluation device which is configured to evaluate the backscattered high-frequency signals received by at least one receiver in order to determine the blood sugar concentration in the body of a mammal, see teaching found in Hwang, paragraphs [0035] and [0036], respectively.
Consider claim 2, the combination of Bosua, Thiel, and Hwang does not specifically disclose wherein a first focusing or matching element is arranged downstream of the antenna of the at least one transmitter, which is irradiated before high-frequency signals penetrate into the nail bed during operation.
Ting discloses wherein a first focusing or matching element (Fig. 5, first lens 52) is arranged downstream of the antenna of the at least one transmitter, which is irradiated before high-frequency signals penetrate into the nail bed during operation (page 13, lines 8 to 15, Fig. 5, light source 40 passes from A through a first lens 52 to produce a focused beam of pin-point coherent light).
Therefore, in order to produce a focused beam of pin-point coherent light, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Ting wherein a first focusing or matching element is arranged downstream of the antenna of the at least one transmitter, which is irradiated before high-frequency signals penetrate into the nail bed during operation, see teaching found in Ting, page 13, lines 8 to 15.
Consider claim 3, the combination of Bosua, Thiel, and Hwang does not specifically disclose wherein a second focusing or matching element is arranged upstream of the antenna of the at least one receiver, which, during operation, is irradiated by signals backscattered from the nail bed.
Ting discloses wherein a second focusing or matching element (Fig. 5, second convex lens 54) is arranged upstream of the antenna of the at least one receiver, which, during operation, is irradiated by signals backscattered from the nail bed (page 13, line 17 to 25, Fig. 5, B2 and B3 travel up the receptor arm 48 passing through a second convex lens 54 which will focus and re-unite the 2 beams before they reach the sensor of the receptor 48).
Therefore, in order to focus and re-unite the reflected beams, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Ting wherein a second focusing or matching element is arranged upstream of the antenna of the at least one receiver, which, during operation, is irradiated by signals backscattered from the nail bed, see teaching found in Ting, page 13, lines 17-25.
Consider claim 19, the combination of Bosua and Ting discloses wherein the at least one antenna comprises a first antenna (paragraph [0035], Fig. 1, transmit antenna 16) integrated in the measuring device (paragraph [0031], Fig. 1, analyte sensor 10) for emitting the high-frequency signal of 10kHz to 100 GHz, where 100 GHz = 0.1 THz (paragraph [0031]) and a second antenna (paragraph [0035], Fig. 1, receive antenna 18) integrated in the measuring device for receiving the high-frequency signal of 10kHz to 100 GHz, where 100 GHz = 0.1 THz (paragraph [0032]).
The combination of Bosua and Ting does not specifically disclose at least one transmitter for emitting the high-frequency signal of more than 0.1 THz and less than 10 THz and at least one receiver for receiving the high-frequency signal of more than 0.1 THz and less than 10 THz.
Thiel discloses at least one transmitter (paragraph [0036], Fig.1, terahertz transmission and reception units 4 comprising a terahertz transmitter) for emitting high-frequency signals with a frequency of more than 0.1 THz and less than 10 THz (paragraph [0036], Fig.1, transmitting terahertz radiation 7a in the frequency range between 0.1 THz and 10 THz),
at least one receiver (paragraph [0036], Fig.1, terahertz transmission and reception units 4 comprising a receiver device 6) for receiving high frequency signals with a frequency of more than 0.1 THz and less than 10 THz (paragraph [0036], Fig.1, receiver device 6 for receiving backwards reflected terahertz radiation 7b in the frequency range between 0.1 THz and 10 THz).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the transmitter and receiver as disclosed by the combination of Bosua and Ting with the transmitter and receiver as taught by Thiel in order to necessitate the applicable frequency range (Thiel, paragraph [0036]).
The combination of Bosua, Ting, and Thiel does not specifically disclose at least one transmitter for emitting the high-frequency signal of more than 0.1 THz and less than 10 THz and at least one receiver for receiving the high-frequency signal of more than 0.1 THz and less than 10 THz in order to determine the blood sugar concentration in the body of a mammal.
Hwang discloses at least one transmitter (Fig. 2, terahertz light source unit 210) for emitting the high-frequency signal of more than 0.1 THz and less than 10 THz (paragraph [0035], Fig. 2, terahertz light source unit 210 may generate a terahertz wave in a range between 0.3 and 10 THz) and at least one receiver (Fig. 2, terahertz detector 230) for receiving the high-frequency signal of more than 0.1 THz and less than 10 THz (paragraph [0038], Fig. 2, terahertz detector 230 may detect the change of permittivity when the terahertz wave penetrates into the specific region of the living body 201, such as the finger, see paragraph [0036]) in order to determine the blood sugar concentration in the body of a mammal (paragraph [0035], measure the blood component concentration such as glucose, see paragraph [0042]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the transmitter and receiver as disclosed by the combination of Bosua, Ting, and Theil with the transmitter and receiver as taught by Hwang to more easily measure the blood component concentration as necessary while carrying the blood component concentration measuring apparatus 200 installed in a small sized portable device (Hwang, paragraph [0035]).
Claims 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Bosua, Thiel, Ting, and Hwang in view of Dash et al. (Pub. No.: WO 2022/269637).
Consider claims 4, 12, the combination of Bosua, Thiel, Ting, and Hwang does not specifically disclose wherein the focusing or matching element comprises an environmentally resistant plastic.
In a similar field of endeavor, Dash discloses wherein the focusing or matching element (page 2 figure, Table, page 6, TPX Lens 1) comprises an environmentally resistant plastic (Table, page 6, TPX Lens 1 to collimate/focus terahertz radiation emitted from the terahertz transmitter where TPX is polymethyl pentene and is considered environmentally resistant plastic (as well known in the art per search on www.bing.com and has low absorption (per Wikipedia).
Therefore, in order to collimate/focus terahertz radiation emitted from the terahertz transmitter, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Dash wherein the focusing or matching element comprises an environmentally resistant plastic, see teaching found in Dash, Table, page 6.
Claims 5, 6, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Bosua, Thiel, Ting, and Hwang in view of Pikov et al. (Pat. No.: US 11,229,383, Applicant’s IDS filed 10/03/2024).
Consider claims 5, 6, the combination of Bosua, Thiel, Ting, and Hwang does not specifically disclose wherein the at least one transmitter and the at least one receiver are realized as one component in order to emit and receive signals of more than 0.1 THz and less than 10 THz.
Pikov discloses wherein the at least one transmitter and the at least one receiver are realized as one component in order to emit and receive signals of more than 0.1 THz and less than 10 THz (col. 5, line 50 to 67, Fig. 1, the same antenna or waveguide can be used for both receiving and transmitting MMWs applied in the range from 20 to 300 GHz (i.e., to include 0.1 to 0.3 THz as known in the art), see col. 5, lines 3 to 17).
Therefore, in order to provide for flexibility in the design of the delivery device, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Pikov wherein the at least one transmitter and the at least one receiver are realized as one component in order to emit and receive signals of more than 0.1 THz and less than 10 THz, see teaching found in Pikov, col. 5, line 50 to 67.
Consider claim 7, the combination of Bosua, Thiel, Ting, and Hwang does not specifically disclose wherein the focusing or matching element integrated in the measuring device for emitting the high-frequency signal is at the same time also configured as a focusing or matching element for receiving.
Pikov discloses wherein the focusing or matching element integrated in the measuring device for emitting the high-frequency signal is at the same time also configured as a focusing or matching element for receiving (col. 5, line 50 to 67, Figs. 1, 2, the same antenna or waveguide can be used for both receiving and transmitting MMWs applied in the range from 20 to 300 GHz (i.e., to include 0.1 to 0.3 THz as known in the art), see col. 5, lines 3 to 17, wherein the MMW antenna/waveguide can be coupled to the skin through a beam shaping element that can comprise convex, concave, or collimating lens 215, see col. 6, lines 1 to 26).
Therefore, in order to provide for flexibility in the design of the delivery device, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Pikov wherein the focusing or matching element integrated in the measuring device for emitting the high-frequency signal is at the same time also configured as a focusing or matching element for receiving, see teaching found in Pikov, col. 5, line 50 to 67.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Bosua, Thiel, Ting, and Hwang in view of Pikov et al. (Pat. No.: US 11,229,383, Applicant’s IDS filed 10/03/2024) and further in view of Pratt et al. (Pub. No.: US 2013/0332115).
Consider claim 8, the combination of Bosua, Thiel, Ting, and Hwang discloses wherein the underlying measuring principle is THz reflectometry (see rejection of claim 1).
The combination of Bosua, Thiel, Ting, and Hwang does not specifically disclose the underlying measuring principle to involve focusing or matching element integrated in the measuring device for emitting the high-frequency signal is at the same time also configured as a focusing or matching element for receiving.
Pikov discloses the underlying measuring principle to involve focusing or matching element integrated in the measuring device for emitting the high-frequency signal is at the same time also configured as a focusing or matching element for receiving (Pikov, col. 5, line 50 to 67, Figs. 1, 2, the same antenna or waveguide can be used for both receiving and transmitting MMWs applied in the range from 20 to 300 GHz (i.e., to include 0.1 to 0.3 THz as known in the art), see col. 5, lines 3 to 17, wherein the MMW antenna/waveguide can be coupled to the skin through a beam shaping element that can comprise convex, concave, or collimating lens 215, see col. 6, lines 1 to 26).
Therefore, in order to provide for flexibility in the design of the delivery device, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Pikov wherein the underlying measuring principle to involve focusing or matching element integrated in the measuring device for emitting the high-frequency signal is at the same time also configured as a focusing or matching element for receiving, see teaching found in Pikov, col. 5, line 50 to 67.
The combination of Bosua, Thiel, Ting, Hwang, and Pikov does not specifically disclose the underlying measuring principle as a monostatic operation.
Pratt discloses the underlying measuring principle as a monostatic operation (paragraphs [0108], [0054], a topology where the TS (transmitter) and RS (receiver) are co-located is called a monostatic configuration (using THz reflectometry, see paragraph [0127]).
Therefore, in cases where it is desirable to transmit in the THz frequency range, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Pratt in providing the underlying measuring principle as a monostatic operation, see teaching found in Pratt, paragraph [0127].
Consider claim 9, the combination of Bosua, Thiel, Ting, and Hwang discloses spatially separated transmitter and receiver (Bosua, paragraph [0031], Fig. 1, transmit antenna/element 16 and a receive antenna/element 18 spatially separated) and transmitting and receiving in THz frequency range (see claim 1 rejection); thus, wherein the underlying measuring principle in spatially separated transmitter and receiver is THz.
The combination of Bosua, Thiel, Ting, and Hwang does not specifically disclose wherein spatially separated transmitter and receiver is bistatic.
Pratt discloses wherein spatially separated transmitter and receiver is bistatic (paragraph [0108], a topology involving spatially separated TS and RS, as shown in FIG. 13, is called a bistatic configuration).
Therefore, in order to provide for flexibility in the design of the delivery device, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Pratt wherein spatially separated transmitter and receiver is bistatic.
The combination of Bosua, Thiel, Ting, Hwang, and Pratt does not specifically disclose wherein the underlying measuring principle in bistatic operation is THz ellipsometry.
Pikov discloses wherein the underlying measuring principle in bistatic operation is THz ellipsometry (col. 6, lines 1 to 27, MMW waveguides can take the form of ellipsoidal horns).
Therefore, in order to provide coupling to the skin through a beam shaping element that can comprise an elliptical mirror, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Pikov wherein the underlying measuring principle in bistatic operation is THz ellipsometry, see teaching found in Pikov, col. 6, lines 1 to 27.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Bosua, Thiel, Ting, and Hwang in view of Looney et al. (Pat. No.: US 10,264,993).
Consider claim 10, the combination of Bosua, Thiel, Ting, and Hwang does not specifically disclose wherein the data evaluation of the signals from at least one receiver is carried out using an electromagnetic model of the layered fingernail structure and/or by means of Al-based pattern recognition.
Looney discloses wherein the data evaluation of the signals from at least one receiver is carried out using an electromagnetic model of the layered fingernail structure and/or by means of Al-based pattern recognition (col. 15, line 62 to col. 16, line 5, an automated finger measuring device inside the scanning apparatus that applies a small cuff or similar band around the finger to determine its size prior to scanning).
Therefore, in order to determine at least a rough determination of the blood volume of the subject's finger, i.e., the size of the finger when scanning for blood glucose, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Looney wherein the data evaluation of the signals from at least one receiver is carried out using an electromagnetic model of the layered fingernail structure and/or by means of Al-based pattern recognition, see teaching found in Looney, col. 15, lines 51 to 61.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Bosua, Thiel, Ting, and Hwang in view of Rajagopal et al. (Pub. No.: US 2014/0221799).
Consider claim 11, the combination of Bosua, Thiel, Ting, and Hwang does not specifically disclose wherein the measuring device is integrated into an artificial fingernail that is capable of being applied to the fingernail.
Rajagopal discloses wherein the measuring device is integrated into an artificial fingernail that is capable of being applied to the fingernail (paragraph [0047], Fig. 3, optics and electronics component 32, for power transfer and signal exchange with instrument components 31 inserted below the nail, are fastened to the rigid upper surface of the nail with commercially available materials commonly used for artificial nail extensions).
Therefore, in order to provide for a non-invasive glucose measuring approach, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Rajagopal wherein the measuring device is integrated into an artificial fingernail that is capable of being applied to the fingernail.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Bosua, Thiel, Ting, and Hwang in view of Jiang et al. (Pub. No.: CN 113648542).
Consider claim 14, the combination of Bosua, Thiel, Ting, and Hwang does not specifically disclose wherein the focusing or matching element comprises a highly resistive silicon.
Jiang discloses wherein the focusing or matching element comprises a highly resistive silicon (paragraph [0048], the first convex lens is made of HRFZ-Si material (High Resistivity Float Zone Silicon)).
Therefore, in order to provide for excellent performance in the terahertz band, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Jiang wherein the focusing or matching element comprises a highly resistive silicon, see teaching found in Jiang, paragraph [0048].
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Bosua, Thiel, Ting, Hwang, Dash, Pikov, Pratt, Looney and Rajagopal.
Consider claim 15, the combination of Bosua, Thiel, and Hwang does not specifically disclose wherein a second focusing or matching element is arranged upstream of the antenna of the at least one receiver, which, during operation, is irradiated by signals backscattered from the nail bed.
Ting discloses wherein a second focusing or matching element (Fig. 5, second convex lens 54) is arranged upstream of the antenna of the at least one receiver, which, during operation, is irradiated by signals backscattered from the nail bed (page 13, line 17 to 25, Fig. 5, B2 and B3 travel up the receptor arm 48 passing through a second convex lens 54 which will focus and re-unite the 2 beams before they reach the sensor of the receptor 48).
Therefore, in order to focus and re-unite the reflected beams, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Ting wherein a second focusing or matching element is arranged upstream of the antenna of the at least one receiver, which, during operation, is irradiated by signals backscattered from the nail bed, see teaching found in Ting, page 13, lines 17-25.
The combination of Bosua, Thiel, Ting, and Hwang does not specifically disclose whereby the first focusing or matching element and the second focusing or matching element comprises an environmentally resistant plastic.
In a similar field of endeavor, Dash discloses wherein the first focusing or matching element (page 2 figure, Table, page 6, TPX Lens 1) and the second focusing or matching element (page 2 figure, Table, page 6, TPX Lens 2) comprises an environmentally resistant plastic (Table, page 6, TPX Lens 1 and TPX Lens 2 where TPX is polymethyl pentene and is considered environmentally resistant plastic (as well known in the art per search on www.bing.com and has low absorption (per Wikipedia).
Therefore, in order to collimate/focus terahertz radiation emitted from the terahertz transmitter, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Dash wherein the focusing or matching element comprises an environmentally resistant plastic, see teaching found in Dash, Table, page 6.
The combination of Bosua, Thiel, Ting, Hwang, and Dash does not specifically disclose wherein the at least one transmitter and the at least one receiver are realized as one component in order to emit and receive signals of more than 0.1 THz and less than 10 THz,
wherein the antenna integrated in the measuring device for emitting the high-frequency signal is at the same time also configured as an antenna integrated in the measuring device for receiving.
wherein the focusing or matching element integrated in the measuring device for emitting the high-frequency signal is at the same time also configured as a focusing or matching element for receiving.
Pikov discloses wherein the at least one transmitter and the at least one receiver are realized as one component in order to emit and receive signals of more than 0.1 THz and less than 10 THz (col. 5, line 50 to 67, Fig. 1, the same antenna or waveguide can be used for both receiving and transmitting MMWs applied in the range from 20 to 300 GHz (i.e., to include 0.1 to 0.3 THz as known in the art), see col. 5, lines 3 to 17).
Pikov discloses wherein the antenna integrated in the measuring device for emitting the high-frequency signal is at the same time also configured as an antenna integrated in the measuring device for receiving (col. 5, line 50 to 67, Fig. 1, the same antenna or waveguide can be used for both receiving and transmitting MMWs).
Pikov discloses wherein the focusing or matching element integrated in the measuring device for emitting the high-frequency signal is at the same time also configured as a focusing or matching element for receiving (col. 5, line 50 to 67, Figs. 1, 2, the same antenna or waveguide can be used for both receiving and transmitting MMWs applied in the range from 20 to 300 GHz (i.e., to include 0.1 to 0.3 THz as known in the art), see col. 5, lines 3 to 17, wherein the MMW antenna/waveguide can be coupled to the skin through a beam shaping element that can comprise convex, concave, or collimating lens 215, see col. 6, lines 1 to 26).
Therefore, in order to provide for flexibility in the design of the delivery device, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Pikov wherein the at least one transmitter and the at least one receiver are realized as one component in order to emit and receive signals of more than 10 0.1 THz and less than 10 THz, see teaching found in Pikov, col. 5, line 50 to 67.
The combination of Bosua, Thiel, Ting, Hwang, and Dash discloses wherein the underlying measuring principle is THz reflectometry (see rejection of claim 1).
The combination of Bosua, Thiel, Ting, and Hwang does not specifically disclose the underlying measuring principle to involve focusing or matching element integrated in the measuring device for emitting the high-frequency signal is at the same time also configured as a focusing or matching element for receiving.
Pikov discloses the underlying measuring principle to involve focusing or matching element integrated in the measuring device for emitting the high-frequency signal is at the same time also configured as a focusing or matching element for receiving (Pikov, col. 5, line 50 to 67, Figs. 1, 2, the same antenna or waveguide can be used for both receiving and transmitting MMWs applied in the range from 20 to 300 GHz (i.e., to include 0.1 to 0.3 THz as known in the art), see col. 5, lines 3 to 17, wherein the MMW antenna/waveguide can be coupled to the skin through a beam shaping element that can comprise convex, concave, or collimating lens 215, see col. 6, lines 1 to 26).
Therefore, in order to provide for flexibility in the design of the delivery device, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Pikov wherein the underlying measuring principle to involve focusing or matching element integrated in the measuring device for emitting the high-frequency signal is at the same time also configured as a focusing or matching element for receiving, see teaching found in Pikov, col. 5, line 50 to 67.
The combination of Bosua, Thiel, Ting, Hwang, Dash and Pikov does not specifically disclose the underlying measuring principle as a monostatic operation.
Pratt discloses the underlying measuring principle as a monostatic operation (paragraphs [0108], [0054], a topology where the TS (transmitter) and RS (receiver) are co-located is called a monostatic configuration (using THz reflectometry, see paragraph [0127]).
Therefore, in cases where it is desirable to transmit in the THz frequency range, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Pratt in providing the underlying measuring principle as a monostatic operation, see teaching found in Pratt, paragraph [0127].
The combination of Bosua, Thiel, Ting, Hwang, and Dash discloses spatially separated transmitter and receiver (Bosua, paragraph [0031], Fig. 1, transmit antenna/element 16 and a receive antenna/element 18 spatially separated) and transmitting and receiving in THz frequency range (see claim 1 rejection); thus, wherein the underlying measuring principle in spatially separated transmitter and receiver is THz.
The combination of Bosua, Thiel, Ting, Hwang, and Dash does not specifically disclose wherein spatially separated transmitter and receiver is bistatic.
Pratt discloses wherein spatially separated transmitter and receiver is bistatic (paragraph [0108], a topology involving spatially separated TS and RS, as shown in FIG. 13, is called a bistatic configuration).
Therefore, in order to provide for flexibility in the design of the delivery device, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Pratt wherein spatially separated transmitter and receiver is bistatic.
The combination of Bosua, Thiel, Ting, Hwang, Dash and Pratt does not specifically disclose wherein the underlying measuring principle in bistatic operation is THz ellipsometry.
Pikov discloses wherein the underlying measuring principle in bistatic operation is THz ellipsometry (col. 6, lines 1 to 27, MMW waveguides can take the form of ellipsoidal horns).
Therefore, in order to provide coupling to the skin through a beam shaping element that can comprise an elliptical mirror, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Pikov wherein the underlying measuring principle in bistatic operation is THz ellipsometry, see teaching found in Pikov, col. 6, lines 1 to 27.
The combination of Bosua, Thiel, Ting, Hwang, Dash, Pikov and Pratt does not specifically disclose wherein the data evaluation of the signals from at least one receiver is carried out using an electromagnetic model of the layered fingernail structure and/or by means of Al-based pattern recognition.
Looney discloses wherein the data evaluation of the signals from at least one receiver is carried out using an electromagnetic model of the layered fingernail structure and/or by means of Al-based pattern recognition (col. 15, line 62 to col. 16, line 5, an automated finger measuring device inside the scanning apparatus that applies a small cuff or similar band around the finger to determine its size prior to scanning).
Therefore, in order to determine at least a rough determination of the blood volume of the subject's finger, i.e., the size of the finger when scanning for blood glucose, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Looney wherein the data evaluation of the signals from at least one receiver is carried out using an electromagnetic model of the layered fingernail structure and/or by means of Al-based pattern recognition, see teaching found in Looney, col. 15, lines 51 to 61.
The combination of Bosua, Thiel, Ting, Hwang, Dash, Pikov, Pratt, and Looney does not specifically disclose wherein the measuring device is integrated into an artificial fingernail that is capable of being applied to the fingernail.
Rajagopal discloses wherein the measuring device is integrated into an artificial fingernail that is capable of being applied to the fingernail (paragraph [0047], Fig. 3, optics and electronics component 32, for power transfer and signal exchange with instrument components 31 inserted below the nail, are fastened to the rigid upper surface of the nail with commercially available materials commonly used for artificial nail extensions).
Therefore, in order to provide for a non-invasive glucose measuring approach, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Rajagopal wherein the measuring device is integrated into an artificial fingernail that is capable of being applied to the fingernail.
Consider claim 16, the combination of Bosua, Thiel, Ting, Hwang, Pikov, Pratt, Looney and Rajagopal does not specifically disclose wherein the first focusing or matching element and the second focusing or matching element comprises polymethyl pentene.
In a similar field of endeavor, Dash discloses wherein the first focusing or matching element (page 2 figure, Table, page 6, TPX Lens 1) and the second focusing or matching element (page 2 figure, Table, page 6, TPX Lens 2) comprises polymethyl pentene (Table, page 6, TPX Lens 1 and TPX Lens 2 where TPX is polymethyl pentene and has low absorption (as well known in the art per search on Wikipedia and www.bing.com).
Therefore, in order to collimate/focus terahertz radiation emitted from the terahertz transmitter, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Dash wherein the focusing or matching element comprises an environmentally resistant plastic, see teaching found in Dash, Table, page 6.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Bosua, Thiel, Ting, Hwang, Pikov, Pratt, Looney, Dash and Rajagopal in view of Jiang et al. (Pub. No.: CN 113648542).
Consider claim 18, the combination of Bosua, Thiel, Ting, Hwang, Pikov, Pratt, Looney, Dash and Rajagopal does not specifically disclose wherein the first focusing or matching element and the second focusing or matching element comprises a highly resistive silicon.
Jiang discloses wherein the first focusing or matching element and the second focusing or matching element comprises a highly resistive silicon (paragraph [0048], the first convex lens is made of HRFZ-Si material (High Resistivity Float Zone Silicon)).
Therefore, in order to provide for excellent performance in the terahertz band, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the same technique as suggested by Jiang wherein the first focusing or matching element and the second focusing or matching element comprises a highly resistive silicon, see teaching found in Jiang, paragraph [0048].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Al-Naib (Pub. No.: US 2024/0369477) discloses electromagnetic radiation in a frequency range from 0.1 THz to 10 THz for indication of a glucose concentration.
Lee et al. (Pub. No.: US 2024/0094121) discloses emitting the THz frequency band 0.1 THz to 10 THz signal to the target 120 including a biomolecule, such as a fingernail and a toenail.
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/Gerald Johnson/
Primary Examiner, Art Unit 3797
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